18. Enforcement and inspections

Arun District Council undertakes a regime of HMO licence inspections prior to issuing a draft HMO licence. After a 28-day consultation period has finished and as long as there are no legitimate representations, the full licence will be issued. Some local authorities will issue a licence before any inspections are undertaken; however, this can result in finding that a property is not suitable or appropriate for HMO use or requiring such alterations that it is generally unfeasible to do so, until after a licence has been issued. If an additional HMO licensing scheme is introduced the inspection schedule will need to be considered carefully and will of course be largely dependent on the number of applications received, the number of officers available or designated to undertake inspections, and the number of other related matters that may detract from the time available, for example, number of enforcement actions required for non-compliance.

Once a HMO licence has been issued, in most cases, a further inspection is generally not required until licence renewal is due, except to check compliance with any additionally imposed licence conditions, unless complaints are received in the intervening period or changes in legislation occur. Issues related to the provision of facilities, number of persons or other licence matters will be dealt with through “conditions” which will be placed on the licence. This will require remedial actions or works to be undertaken within a set timeframe, and should they not be completed, the local authority will take enforcement action to ensure they are suitably addressed.

Matters regarding disrepair or hazards identified under the Housing Health and Safety Rating System (HHSRS) will be dealt with through a combination of licence conditions and enforcement through Part 1 of the Housing Act 2004.

In respect of HMOs the following legislation applies and is enforced by the local authority:

  • Housing Act 2004
  • Housing Health and Safety (England) Regulations 2005
  • The Management of Houses in Multiple Occupation (England) Regulations 2006
  • The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
  • The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
  • The Houses in Multiple Occupation (Management) (England) Regulations 2009
  • The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018
  • The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018
  • The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Amendment) (England) Regulations 2012
  • The Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (England) Regulations 2007
  • The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
  • The Housing (Management of Houses in Multiple Occupation) Regulations 1990

Where a breach of the legislation has occurred and the matter cannot be resolved with a landlord or licensee within a designated and appropriate timescale, enforcement action will be taken. In accordance with Arun District Council’s Enforcement Policy for Environmental Health, Private Sector Housing, Licensing and Cleansing, all private housing and licensing enforcement matters are considered by the council’s internal Enforcement Review Panel (ERP). The panel considers each case on an individual basis. Outcomes of the panel’s deliberations can include prosecution in the Magistrates’ Court or the issuing of a Civil Penalty Notice (CPN) of up to £30,000 per offence.

It is important to remember that all properties, but especially those operating as HMOs should meet the required housing standards in regard to provision of facilities, room sizes, fire safety, repair and maintenance before any inspection by council officers and any issues or hazards being identified by them. It is the licensee’s responsibility to ensure that their property meets the required standards and complies with all relevant housing legislation before it is occupied. The mandatory HMO licensing scheme has highlighted that in few cases are properties in the district inspected where no action or improvement is needed. For example, the number of HMO properties requiring upgraded, additional, and in some cases, any early warning fire safety installation, has been very high and is unacceptable. Therefore, it is safe to assume that those HMO properties currently not needing a licence will have the same hazards and issues present at the same level. In many cases this will potentially be at a worse level, especially in regard to fire safety and particularly in those properties where no Building Regulations approval has been obtained.

The council will aim to tackle unlicensed HMOs in the three wards proposed for the scheme in a number of ways, as it does currently with unlicensed mandatory licensable HMOs:

  • Proactive identification of unlicensed properties using available data that have been identified as potentially being HMOs requiring licensing
  • Liaison with other stakeholder groups and agencies regarding housing
  • Liaison with other stakeholder groups and agencies regarding the detection and prevention of crime and antisocial behaviour
  • Both unannounced and announced visits and inspections by officers to properties
  • Engaging with landlords and other stakeholders and stakeholder groups, tenants and other agencies to identify and report unlicensed properties
  • Using financial penalties where appropriate and using income generated to further the aims of and resources for the scheme
  • Use Rent Repayment Orders (RRO) under The Housing and Planning Act 2016 to recover money paid by the local authority as Housing Benefit or through the housing element of Universal Credit
  • Use the Proceeds of Crime Act 2002
  • Consider using Banning Orders for the most serious and prolific offenders
  • Publish successful enforcement cases to deter similar offending, where legally possible to do so